8. Is a probatory deposit required for a computer creation or software?
For computer creations that cannot be protected by copyright, a probatory deposit can give you a date certain. This could be useful, for example, in unfair competition proceedings.
What's more, even if copyright arises solely from the fact of creation, it is advisable to make regular probatory deposits, particularly of your software, its modules and major versions subsequent to the first deposit.
In addition to the source programs containing the software, the content of the deposit may also include all documents likely to be qualified as "preparatory design material", i.e. mainly functional analysis, organic analysis and technical programming files.
In practice, it may be useful to file documents that are separate from the actual software development, i.e. :...
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Is a probatory deposit required for a computer creation or software?
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European case law website
World Intellectual Property Organization (cf. for the patentability of software, and Commentaire...
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